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The Vines Legal Blog

Adultery in Divorce – True or False

Here are some true and false questions to help you understand more about adultery in divorce cases.

 

True or false – if adultery is used to prove that the marriage has irretrievably broken down then it can only be used between a husband and wife?

 TRUE – on the current legal definition there can be no adultery be tween 2 women or 2 men. Many believe a change in the law is needed on this.

 

True or false – if you file for divorce because of your partners adultery then you are entitled to a larger settlement?

 FALSE – Adultery is not viewed by the court as conduct which would entitle the victim to a larger settlement. Many people feel this is unfair.

 

True or false – the best thing to do is name the other woman or other man on the divorce petition?

 FALSE - You may desperately want to do this and publicly name and shame the other person. However, it is not a legal requirement. If your spouse has admitted to adultery, there is no need to name the third party. Doing so may make you feel better but it will complicate matters and increase costs all round.

 

If you need any advice on divorce then we offer a FREE initial meeting, call us on 01246 555610 to book in today

By Emma Newman on 13 Jul 2018

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Tips For Getting Through Divorce/Separation

Divorce or separation is a huge change for couples and children. The impact of this can greatly affect the family in all areas of life, at work, home or at school. Here are some tips for surviving divorce:

  • Allow yourself to feel all the emotions that come with divorce – cry if you need to, be alone when you need to and let yourself be angry. Just try to not do these in front of your children as this can be distressing for them.
  • Talk to people – talk to your family and friends, tell them how you feel and ask for help if you need it! Also try talking to other divorcees, they can help give personal advice and share their experience.
  • Learn that there are things you can control and things you can’t – you can’t control how your ex-partner feels about you but you can control how to make yourself feel good.
  • Minimize contact with your ex-partner – this is the time to figure out how to live without them and not depend on them. Spend more time with friends and family and people who make you feel happy and positive.

We hope these tips helped and just remember to be positive, even in this difficult time.

If you need any advice on divorce then we offer a FREE initial meeting, call us on 01246 555610 to book in today!

By Emma Newman on 13 Jul 2018

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Celebrities and their Strange Prenuptial Agreements

Prenuptial Agreements are made for lots of reasons. Here are some of the more interesting clauses from some celebrity Prenuptial Agreements:

 

Justin Timberlake & Jessica Biel

In this prenuptial agreement, it says that if Justin cheats on Jessica, then he will have to give her $500,000!

 

Kim Kardashian & Kanye West

Kanye included a clause that says Kim’s mother is not allowed to make decisions that affect the couple’s careers. If they get divorced, Kim gets to keep her wedding ring along with all other gifts Kanye gifted to her. She will receive $1 million for every year she is married to Kanye and she gets to keep her income from her own career decisions.

 

Mark Zuckerberg and Priscilla Chan

This pre-nup isn’t about money like most celebrity pre-nups. Theirs makes sure that Priscilla gets 100 minutes of time alone with Mark and a date night each week. During their time together, neither Chan nor Zuckerberg is allowed on Facebook.

 

Lamar Odom and Khloe Kardashian

Khloe and Lamar had a pre-nup which left her with $2 million and more. This was for the 4 years they were married ($500,000 for each year). She also gets court side seats to all of the Lakers games, a new car every time the lease is up, a $5,000 a month shopping allowance and $1,000 a month for all of her beauty care. She also got the matrimonial house!

Jessica Simpson and Tony Romo

Although this couple never got married, a pre-nup was in the plans. Tony had the nerve to make a clause that would force Jessica to give him $500,000 for every pound she gained over 135 pounds. 

 

Of course the above is the exception rather than the norm and these are extreme examples. Pre-Nuptial Agreements are gaining increasing validity and recognition in this country. Please contact us on 01246 555610 for a FREE initial meeting if this is of interest.

By Emma Newman on 13 Jul 2018

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Dos and Don’ts of your initial consultation

Meeting a solicitor for the first time can be a big deal. When preparing for the initial consultation, there are a few “Dos and Don’ts” that will make it a lot less stressful for you, resulting in a more constructive meeting for both you and your solicitor. Here are some of our suggested Dos and Dont’s:

 

DO

  1. Bring a family member or friend with you that will make you feel comfortable and support you. This can be a challenging time for you and we completely understand if you bring along a friend or family member for emotional support and another pair of ears.

 

  1. Come prepared with all necessary details and facts, we will need information relating to you and your relationship such as dates of birth, the date of your marriage and the date of your separation. We will also need information relating to property, pensions and financial accounts. Having as much information as possible will help us to give you more specific advice.

 

  1. Make a list of questions to ask. No question is a stupid question. We are here to help you.

 

DON’T

  1. Turn up to the appointment late. Turning up late may result in a shorter time and you may not get the opportunity to discuss everything.

 

  1. Withhold information, even if it is embarrassing. We need to know the full information to provide you with the appropriate advice. Withholding this will only make things more difficult for us to do our jobs.

 

  1. Equally, by the same token do not exaggerate information as this will also make it harder for us to do our jobs. We need honest answers to be able to give you the best advice and representation.

 

If you need any advice then we offer a FREE initial meeting, call us on 01246 555610 to book in today!

By Administrator on 14 May 2018

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Domestic Abuse and Addiction in Children Cases

In domestic abuse and addiction situations you may try to protect your children from what is really happening by playing it down or not talking about it.

The truth is that most children are aware of the abuse. As many as 90% of children are in the same room or in the next room when domestic abuse occurs. According to www.domesticviolencelondon.nhs.uk, in households where there is ongoing domestic violence, 50% of children are also being directly abused by the same person.

Understandably people who are victims of this abuse hope it will stop and want to try to keep the peace. It is important however to bear in mind that continuing to remain in an abusive situation can result in significant risk for yourself and any children involved.

Remedies available to you could be to involve the police and/or getting the protection of the legal system. This is where a solicitor can help. You should tell your solicitor if the other party has threatened you, hurt you physically or sexually, controlled or isolated you or has behaved in an emotionally abusive way towards you.

In an event where the police are unable to help then your solicitor will be able to advise you about getting an injunction, which would prevent further abuse or remove the other party from your home. Your solicitor can also advise you about making arrangements for your children and the other party spending time together that do not expose either you or the children to these risks.

If you need any advice then we offer a FREE initial meeting, call us on 01246 555610 to book in today!

By Emma Newman on 25 Apr 2018

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True or False?

True or False?

A Decree Absolute (or final divorce decree) means that you can’t claim financially against your ex husband or wife.

FALSE!! The Decree Absolute dissolves the marriage, it does not prevent either party claiming financially against the other provided they don’t remarry.

There is no time limit in respect of making a financial claim against an ex-spouse, even after the final order of the divorce (Decree Absolute) has been granted. Even once you have the final order of the divorce – the Decree Absolute – it is still open for either of you to make a financial claim, no matter how many years may have passed since your divorce. It should be noted, however, that the court will look at the length of time that has elapsed when considering a claim.

It is essential that clients sort out their financial affairs during their divorce to avoid future claims and unpleasant surprises.

If you need any advice for divorce or financial issues then we offer a FREE initial meeting, call us on 01246 555610 to book in today!

By Emma Newman on 25 Apr 2018

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